Terms & Conditions

Abacus Financial Services welcomes you to www.abacusfinancialservices.co.za! The goal of the site www.abacusfinancialservices.co.za, including each web page of which it is composed (The Website), is to provide information on our products and services (Abacus Financial Services Products). To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use.

It is important that you read and understand these Terms of Use. When you access this Website, you will be bound in law by the terms that appear on this web page. These terms represent an agreement between you, the person or entity accessing or using this Website or purchasing Abacus Financial Services Products via this Website, and Abacus Financial Services (PTY) LTD. Throughout this Website Abacus Financial Services refers to this agreement between you and Abacus Financial Services as the Terms of Use.

1. WEBSITE TERMS OF USE

Abacus Financial Services provides the information, products and services via this Website (the “Services”) subject to these Terms of Use. By accessing the Website or using any of the Services you are deemed to have agreed to these Terms of Use. Abacus Financial Services may at any time modify these Terms of Use and your continued access of the Website or use of the Services will be subject to the Terms of Use in force at the time of your use or access. Accordingly you agree to review these Terms of Use periodically, and your continued access of the Website or use of the Services shall be deemed to be your acceptance of the amended Terms of Use.

2. DISCLAIMER

Abacus Financial Services shall not be responsible for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to:

• Your use of or reliance on any information provided on or via the
• Website;
• Any e-mails sent from the Website;
• Services provided via this Website;
• Any viruses that may infect your computer or other property on account of your access to or use of this Website;
• Use of content, data or information made available via the Website;
• Any failure, delay or unavailability of the Website or any Services offered via the site for any reason whatever;
• The supply, or failure or delay in supplying any of the Services offered via the Website; and
• The breach of any of these terms of Use by you.

You indemnify Abacus Financial Services, its officers, members, employees, successors and assigns in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or any third party as a result of or which may be attributable, directly or indirectly, to any of the aforesaid.

3. CONTENT OF THE WEBSITE

Whilst every effort is made to update the information provided on the Website on a regular basis, Abacus Financial Services makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information contained on the Website. Abacus Financial Services reserves the right at any time to change or discontinue without notice, any aspect, feature or service offered by way of the Website, the opinions, information, data or content contained on the Website shall not be construed as advice and are offered for information purposes only. Abacus Financial Services gives no warranties and makes no representations as to the accuracy, completeness or reliability of any such opinions, information, data or content.

4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

THIS Website is solely for your personal and non-commercial use. Copyright and all intellectual property rights in all materials made available through this Website are owned by Abacus Financial Services, who is the lawful user thereof and is protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, re-transmission, distribution, dissemination, sale, publication, or other circulation or exploitation of such material as aforesaid or any component thereof will constitute an infringement of such copyright and other intellectual property rights. The trademarks, names, logos and service marks (collectively “Trademarks”) that pertain to Abacus Financial Services displayed on this Website are registered and unregistered Trademarks of Abacus Financial Services, nothing contained on this Website should be construed as granting any license or right to use any Trademarks without the prior written permission of Abacus Financial Services. Other trademarks, names, logos and service marks used are the property of their respective owners.

5. EXTERNAL LINKS

External links may be provided for your convenience, but they are beyond the control of Abacus Financial Services and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use.

6. CHILDREN

If your are under 18 years of age, you may use the Services offered via this Website only with the supervision of a parent or guardian. If you represent that you are of sufficient legal age to use the Services offered via this Website you will be bound by any legal obligations and liabilities that you may incur as a result of your use of the Services. You agree to supervise all usage by minors of this Website under your name of account.

7. VERIFICATION

7.1 You acknowledge and agree that Abacus Financial Services shall be entitled to verify the identity of any person placing an order or enquiry via this Website for any Abacus Financial Services Products. Abacus Financial Services will not be bound to carry out any order until it has verified the identity of the person lacing the order.

7.2 You acknowledge and agree that Abacus Financial Services shall be entitled to establish the authenticity of any communication transmitted to it by way of the Internet that purports to emanate form you. You agree that all instructions, orders, consents, commitments and any other communications which purport to emanate from you and which are sent to Abacus Financial Services by way of the Internet and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by you in the form actually received by Abacus Financial Services and you will be bound by such details with no liability of whatever nature attaching to Abacus Financial Services.

7.3 You waive any rights you may have or obtain against Abacus Financial Services arising directly or indirectly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Abacus Financial Services acts on your instructions or instructions purporting to emanate from you. You agree to and hereby indemnify Abacus Financial Services against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Abacus Financial Services has acted on your instructions or instructions which purport to emanate from you.

8. SYSTEM AVAILABILITY

Abacus Financial Services does not warrant, that the Website will be available each and every time you attempt to access it or use the Services. Abacus Financial Services reserves the right to suspend the operation of the Website.

9. USE OF THE WEBSITE

9.1.1 You agree to be financial responsible for your use of this Website (as well as for use of your account by others, including without limitation any person under the age of eighteen years).

9.1.2 Any conduct by you that in Abacus Financial Services sole discretion restricts or inhibits any other user from using or enjoying this Website will not be permitted. Your agree to use this Website in accordance with these Terms of Use and only for lawful purposes. You are prohibited from posting on or transmitting through this Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card, or attempt to do any such acts.

10. SUBMISSIONS BY YOU TO THE Abacus Financial Services

Abacus Financial Services is not responsible for your submissions or responses to Abacus Financial Services. Any product concepts or ideas submitted by you to Abacus Financial Services will be considered the property of Abacus Financial Services. Abacus Financial Services will not be responsible for any claims to ownership, royalties, license fees or any other intellectual property claims if those concepts or ideas are used in promotions, marketing or products.

11. THE Abacus Financial Services STATEMENT OF PRIVACY
11.1 Your privacy is very important to Abacus Financial Services.

Subject to paragraph 11.2, Abacus Financial Services shall not divulge to any third party any information obtained from your use of the Website or Services to the extent that such information is not already in the public domain, unless required to do so by law.

11.2 Abacus Financial Services reserves the right to release to third parties, in aggregate format, data pertaining your use of the Services and Website, provided that such data is released as statistical totals and does not contain information which specifically identifies a particular user of the Website. Without limiting the generality of the aforegoing, Abacus Financial Services reserves this right in order to be able to release to potential advertisers and other third parties statistical information regarding the number of users of the Website, their age and gender profiles and their frequency of using the Services and Website.

11.3. You should also be aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies”. “Cookies” are small text files a web site can use to recognize repeat users and facilitate the user’s ongoing access to the Website. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that you may not be able to purchase Abacus Financial Services Products via the Website if you disable the cookie feature.

12. SOLE RECORD

These Terms of Use are the sole record of the agreement between you and Abacus Financial Services and contain all of the provisions governing the relationship between you and Abacus Financial Services, in relation to the purchase by you of the Items, access of the Website or use of Services via the Website.

13. GENERAL

13.1 Any waiver of rights by you or Abacus Financial Services in terms of these Terms of Use must be in writing to be effective. No failure or delay on the part of Abacus Financial Services in exercising any right or remedy under these Terms of Use will operate as a waiver of that right or remedy.

13.2 These Terms of Use do not constitute an agreement of employment,
partnership, joint venture or agency between Abacus Financial Services and you. Neither you nor Abacus Financial Services has the power to make a contract in the name of the other or to grant or pledge credit, incur liability or employ any person on behalf of the other.

13.3 You may not cede or delegate any rights or obligations in terms of these Terms of Use without the prior written consent of Abacus Financial Services.

13.4 Any amendment to these Terms of Use must be in writing signed by both you and Abacus Financial Services.

13.5 Any notice given by either you or Abacus Financial Services in terms of these Terms of
Use must by in writing and delivered by personal delivery, express courier, confirmed facsimile or registered post. Any such notice will be deemed given upon personal delivery, two days after dispatch by express courier, upon confirmation of receipt of facsimile or seven days after dispatch by registered post. Notices will be sent to you at the designated address provided by you on the Website. Notices sent to Abacus Financial Services must be sent to info@abfin.co.za. You and Abacus Financial Services may change address or facsimile number for purposes of these Terms of Use by giving the other written notice of its new address or facsimile number.

13.6 If any provision of these Terms of Use is or at any time becomes
invalid, illegal or unenforceable, then that provision shall be severable from the other provisions of these terms of Use and the other provisions of these terms of Use shall continue to be of full force and effect.

13.7 Should any dispute or proceedings arise in connection with any matter related to these Terms of Use, any Services offered via this Website or the Sale Products, you and Abacus Financial Services consent to the jurisdiction of the Magistrate’s Court having territorial jurisdiction, notwithstanding that such dispute or proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the court pursuant to Section 45 of the Magistrate’s Court Act, 1944, provided, nevertheless, that you and Abacus Financial Services shall have the right to institute proceedings in any other competent court.

14. GOVERNING LAW

These Terms of Use will be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of laws.